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Violent Crime Reduction Bill


Violent Crime Reduction Bill
Part 2 — Weapons etc.

29

 

(5)   

In subsection (4) of that section in paragraphs (a) and (b), for “seventeen”

substitute “eighteen”.

(6)   

In the table in Part 1 of Schedule 6 (punishment)—

(a)   

in the entry for section 22(1), in the second column, at the end insert “or

person under 18 acquiring air weapon”;

5

(b)   

in the entry for section 22(4), in the second column, for “17” substitute

“18”;

(c)   

in the entry for section 24(1), in the second column, at the end insert “or

an air weapon to a person under 18”;

(d)   

in the entry for section 24(4), in the second column, for “17” substitute

10

“18”.

27      

Firing an air weapon beyond premises

(1)   

The 1968 Act is amended as follows.

(2)   

After section 21 (possession of firearms by persons previously convicted of

crime) insert—

15

“21A    

Firing an air weapon beyond premises

A person commits an offence if—

(a)   

he has with him an air weapon on any premises; and

(b)   

he uses it for firing a missile beyond those premises.”

(3)   

In section 23 (exceptions from section 22(4))—

20

(a)   

in subsection (1), for paragraphs (a) and (b) substitute “for the person

under whose supervision he is to allow him to use it for firing any

missile beyond those premises.”;

(b)   

omit subsection (4).

(4)   

In the table in Part 1 of Schedule 6 (punishment), after the entry for section

25

21(5) insert—

 

“Section 21A

Person

Summary

A fine of level

Paragraphs 7

 
  

making

 

3 on the

and 8 of Part

 
  

improper use

 

standard scale

II of this

 
  

of air weapon

  

Schedule

 

30

     

apply.”

 

(5)   

In that table, in the entry for section 23(1), for the words in the second column

substitute “Person supervising a person under 17 and allowing him to make

improper use of air weapon”.

(6)   

In Part 2 of that Schedule (supplementary)—

35

(a)   

in paragraph 7, after “under section” insert “21A,”;

(b)   

in paragraph 8, after “under section” insert “21A,”.

28      

Restriction on sale and purchase of primers

(1)   

This section applies to a primer that is capable of being comprised in

ammunition for a firearm.

40

 
 

Violent Crime Reduction Bill
Part 2 — Weapons etc.

30

 

(2)   

It is an offence for a person to sell to another either—

(a)   

a primer to which this section applies,

(b)   

anything which is not itself ammunition for a firearm but contains such

a primer,

   

unless that other person falls within subsection (3).

5

(3)   

A person falls within this subsection if—

(a)   

he is a registered firearms dealer;

(b)   

he sells by way of any trade or business either primers or things in

which they are contained, or both;

(c)   

he produces a certificate authorising him to possess a firearm of the

10

relevant kind;

(d)   

he produces a certificate authorising him to possess ammunition for a

firearm;

(e)   

he shows that he is entitled, by virtue of the 1968 Act, the Firearms

(Amendment) Act 1988 (c. 45) or any other enactment, to have

15

possession of a firearm of the relevant kind, or of such ammunition,

without a certificate; or

(f)   

he produces a certificate authorising another person to have possession

of such a firearm, or of such ammunition, together with that other

person’s authority to purchase the primer or other thing on his behalf.

20

(4)   

It is an offence for a person to buy or to attempt to buy—

(a)   

a primer to which this section applies, or

(b)   

anything which is not itself ammunition for a firearm but contains such

a primer,

   

unless he falls within subsection (5).

25

(5)   

A person falls within this subsection if—

(a)   

he is a registered firearms dealer;

(b)   

he sells by way of any trade or business either primers or things in

which they are contained, or both;

(c)   

he holds a certificate authorising him to possess a firearm of the

30

relevant kind;

(d)   

he holds a certificate authorising him to possess ammunition for a

firearm;

(e)   

he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act

1988 or any other enactment, to have possession of a firearm of the

35

relevant kind, or of such ammunition, without a certificate; or

(f)   

he is in possession of a certificate authorising another person to have

possession of such a firearm, or of such ammunition, and has that other

person’s authority to purchase the primer or other thing on his behalf.

(6)   

An offence under this section shall be punishable, on summary conviction—

40

(a)   

in England and Wales, with imprisonment for a term not exceeding 51

weeks or with a fine not exceeding level 5 on the standard scale, or with

both; and

(b)   

in Scotland, with imprisonment for a term not exceeding 6 months or

with a fine not exceeding level 5 on the standard scale, or with both.

45

(7)   

In relation to an offence committed before the commencement of section 281(5)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (6)(a) of this

section to 51 weeks is to be read as a reference to 6 months.

 
 

Violent Crime Reduction Bill
Part 2 — Weapons etc.

31

 

(8)   

For the purposes of this section a firearm is of a relevant kind in relation to a

sale or purchase if ammunition capable of being used with that firearm

contains, or may contain, primers of the same description as the primer to

which the sale or purchase relates or (as the case may be) as the primer

contained in the thing to which it relates.

5

(9)   

In this section “enactment” includes an enactment passed after the passing of

this Act.

29      

Restriction on sale and purchase of ammunition loading presses

(1)   

It is an offence for a person to sell an ammunition loading press to another

unless that other person falls within subsection (2).

10

(2)   

A person falls within this subsection if—

(a)   

he is a registered firearms dealer;

(b)   

he sells ammunition loading presses by way of any trade or business;

(c)   

he produces a certificate authorising him to possess a firearm;

(d)   

he produces a certificate authorising him to possess ammunition for a

15

firearm;

(e)   

he shows that he is entitled, by virtue of the 1968 Act, the Firearms

(Amendment) Act 1988 (c. 45) or any other enactment, to have

possession of a firearm, or of such ammunition, without a certificate; or

(f)   

he produces a certificate authorising another person to have possession

20

of a firearm, or of such ammunition, together with that other person’s

authority to purchase the ammunition loading press on his behalf.

(3)   

It is an offence for a person to buy or to attempt to buy an ammunition loading

press unless he falls within subsection (4).

(4)   

A person falls within this subsection if—

25

(a)   

he is a registered firearms dealer;

(b)   

he sells ammunition loading presses by way of any trade or business;

(c)   

he holds a certificate authorising him to possess a firearm;

(d)   

he holds a certificate authorising him to possess ammunition for a

firearm;

30

(e)   

he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act

1988 or any other enactment, to have possession of a firearm, or of such

ammunition, without a certificate; or

(f)   

he is in possession of a certificate authorising another person to have

possession of a firearm, or of such ammunition, and has that other

35

person’s authority to purchase the ammunition loading press on his

behalf.

(5)   

An offence under this section shall be punishable, on summary conviction—

(a)   

in England and Wales, with imprisonment for a term not exceeding 51

weeks or with a fine not exceeding level 5 on the standard scale, or with

40

both; and

(b)   

in Scotland, with imprisonment for a term not exceeding 6 months or

with a fine not exceeding level 5 on the standard scale, or with both.

(6)   

In relation to an offence committed before the commencement of section 281(5)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (5)(a) of this

45

section to 51 weeks is to be read as a reference to 6 months.

 
 

Violent Crime Reduction Bill
Part 2 — Weapons etc.

32

 

(7)   

In this section—

“ammunition loading press” includes ammunition loading die;

“enactment” includes an enactment passed after the passing of this Act.

Imitation firearms

30      

Manufacture, import and sale of realistic imitation firearms

5

(1)   

A person is guilty of an offence if—

(a)   

he manufactures a realistic imitation firearm;

(b)   

he modifies a firearm or an imitation firearm so that it becomes a

realistic imitation firearm;

(c)   

he sells a realistic imitation firearm; or

10

(d)   

he brings a realistic imitation firearm into Great Britain or causes one to

be brought into Great Britain.

(2)   

The Secretary of State may by regulations—

(a)   

provide for exceptions and exemptions from the offence under

subsection (1); and

15

(b)   

provide for it to be a defence in proceedings for such an offence to show

the matters specified or described in the regulations.

(3)   

Regulations under subsection (2) may—

(a)   

frame any exception, exemption or defence by reference to an approval

or consent given in accordance with the regulations;

20

(b)   

provide for approvals and consents to be given in relation to particular

cases or in relation to such descriptions of case as may be specified or

described in the regulations; and

(c)   

confer the function of giving approvals or consents on such persons

specified or described in the regulations as the Secretary of State thinks

25

fit.

(4)   

The power of the Secretary of State to make regulations under subsection (2)

shall be exercisable by statutory instrument subject to annulment in pursuance

of a resolution of either House of Parliament.

(5)   

That power includes power—

30

(a)   

to make different provision for different cases;

(b)   

to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

(c)   

to make such incidental, supplemental, consequential and transitional

provision as he thinks fit.

35

(6)   

An offence under this section shall be punishable, on summary conviction—

(a)   

in England and Wales, with imprisonment for a term not exceeding 51

weeks or with a fine not exceeding level 5 on the standard scale, or with

both; and

(b)   

in Scotland, with imprisonment for a term not exceeding 6 months or

40

with a fine not exceeding level 5 on the standard scale, or with both.

(7)   

In relation to an offence committed before the commencement of section 281(5)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (6)(a) of this

section to 51 weeks is to be read as a reference to 6 months.

 
 

Violent Crime Reduction Bill
Part 2 — Weapons etc.

33

 

(8)   

In this section “realistic imitation firearm” means an imitation firearm whose

appearance is so realistic as to make it indistinguishable, for all practical

purposes, from—

(a)   

a firearm of an existing make or model; or

(b)   

a firearm falling within a description that applies to an existing

5

category of firearms which, even though they include firearms of

different makes or models or both, all have the same or a similar

appearance.

(9)   

For the purposes of subsection (8) an imitation firearm is not to be regarded as

distinguishable from a firearm for any practical purpose if it could be so

10

distinguished only—

(a)   

by an expert;

(b)   

on a close examination; or

(c)   

as a result of an attempt to load or to fire it.

31      

Specification for imitation firearms

15

(1)   

The Secretary of State may by regulations make provision requiring imitation

firearms to conform to specifications which are—

(a)   

set out in the regulations; or

(b)   

approved by such persons and in such manner as may be so set out.

(2)   

A person is guilty of an offence if—

20

(a)   

he manufactures an imitation firearm which does not conform to the

specifications required of it by regulations under this section;

(b)   

he modifies an imitation firearm so that it ceases to conform to the

specifications so required of it;

(c)   

he modifies a firearm to create an imitation firearm that does not

25

conform to the specifications so required of it; or

(d)   

he brings an imitation firearm which does not conform to the

specifications so required of it into Great Britain or causes such an

imitation firearm to be brought into Great Britain.

(3)   

An offence under this section shall be punishable, on summary conviction—

30

(a)   

in England and Wales, with imprisonment for a term not exceeding 51

weeks or with a fine not exceeding level 5 on the standard scale, or with

both; and

(b)   

in Scotland, with imprisonment for a term not exceeding 6 months or

with a fine not exceeding level 5 on the standard scale, or with both.

35

(4)   

In relation to an offence committed before the commencement of section 281(5)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) of this

section to 51 weeks is to be read as a reference to 6 months.

(5)   

Regulations under this section may provide that, in proceedings for an offence

under this section, it is to be presumed, unless the contrary is proved, that an

40

imitation firearm conforms to the required specification if it, or the description

of imitation firearms to which it belongs, has been certified as so conforming

by a person who is—

(a)   

specified in the regulations; or

(b)   

determined for the purpose in accordance with provisions contained in

45

the regulations.

 
 

Violent Crime Reduction Bill
Part 2 — Weapons etc.

34

 

(6)   

The power of the Secretary of State to make regulations under this section shall

be exercisable by statutory instrument subject to annulment in pursuance of a

resolution of either House of Parliament.

(7)   

That power includes power—

(a)   

to make different provision for different cases;

5

(b)   

to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

(c)   

to make such incidental, supplemental, consequential and transitional

provision as he thinks fit.

32      

Supplying imitation firearms to minors

10

(1)   

After section 24 of the 1968 Act insert—

“24A    

Supplying imitation firearms to minors

(1)   

It is an offence for a person under the age of eighteen to purchase an

imitation firearm.

(2)   

It is a offence to sell an imitation firearm to a person under the age of

15

eighteen.

(3)   

In proceedings for an offence under subsection (2) it is a defence to

show that the person charged with the offence—

(a)   

believed the other person to be aged eighteen or over; and

(b)   

had reasonable ground for that belief.

20

(4)   

For the purposes of this section a person shall be taken to have shown

the matters specified in subsection (3) if—

(a)   

sufficient evidence of those matters is adduced to raise an issue

with respect to them; and

(b)   

the contrary is not proved beyond a reasonable doubt.”

25

(2)   

In the table in Part 1 of Schedule 6 (punishment), after the entry for section

24(4) insert—

 

“Section

Acquisition

Summary

In England

—”

 
 

24A(1) or (2)

by a minor of

 

and Wales, 51

  
  

an imitation

 

weeks or a

  

30

  

firearm and

 

fine of level 5

  
  

supplying

 

on the

  
  

him.

 

standard

  
    

scale, or both.

  
    

In Scotland, 6

  

35

    

months, or a

  
    

fine of level 5

  
    

on the

  
    

standard

  
    

scale, or both.

  

40

(3)   

In relation to an offence committed in England and Wales before the

commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the

 
 

Violent Crime Reduction Bill
Part 2 — Weapons etc.

35

 

reference to 51 weeks in the entry inserted by subsection (2) of this section is to

be read as a reference to 6 months.

33      

Increase of maximum sentence for possessing an imitation firearm

(1)   

In the entry in Schedule 6 to the 1968 Act relating to section 19 of that Act

(mode of trial and punishment of possession of firearm or imitation firearm in

5

a public place)—

(a)   

in paragraph (b) of column 3 (offence to be triable either way except in

the case of an imitation firearm or air weapon), omit the words “in the

case of an imitation firearm or”; and

(b)   

in column 4, for “7 years or a fine; or both” substitute—

10

“(i)   

if the weapon is an imitation firearm,

12 months or a fine, or both;

(ii)   

in any other case, 7 years or a fine, or

both.”

(2)   

An offence in England and Wales under section 19 of the 1968 Act in respect of

15

an imitation firearm which is triable either way by virtue of this section is to be

treated—

(a)   

as an offence to which section 282(3) of the Criminal Justice Act 2003

(c. 44) (increase of maximum sentence on conviction of an either way

offence) applies; and

20

(b)   

as not being an offence to which section 281(5) of that Act (increase of

maximum sentence on conviction of a summary only offence) applies.

(3)   

This section—

(a)   

applies only to offences committed after the commencement of this

section; and

25

(b)   

so far as it relates to subsection (3) of section 282 of the Criminal Justice

Act 2003 or subsection (5) of section 281 of that Act, does not have effect

in relation to offences committed before the commencement of that

subsection.

Other weapons

30

34      

Sale etc. of knives and other weapons

(1)   

The Criminal Justice Act 1988 (c. 33) is amended as follows.

(2)   

In section 141A(1) (prohibition on sale of knives etc. to persons under sixteen),

for “sixteen” substitute “eighteen”.

(3)   

In subsections (5), (8) and (9) of section 141 (defences relating to museums and

35

galleries to offence of manufacture, sale etc. of prescribed weapons), for

“prove” substitute “show”.

(4)   

After subsection (11) of that section insert—

“(11A)   

It shall be a defence for a person charged in respect of conduct of his

relating to a weapon to which this section applies—

40

(a)   

with an offence under subsection (1) above, or

(b)   

with an offence under section 50(2) or (3) of the Customs and

Excise Management Act 1979,

 
 

 
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